cannabisnews.com: AMMA Update: Notice Of Constitutional Violation





AMMA Update: Notice Of Constitutional Violation
Posted by FoM on November 08, 1999 at 16:18:14 PT
For Immediate Release
Source: AMMA
We will present our NOTICE OF CONSTITUTIONAL VIOLATION, tomorrow: 11:00 a.m., Nov. 9th, in the Hall of Administration Board Hearing Room, First floor, 10 Civic Center Plaza corner of Broadway and Santa Ana Blvd, Santa Ana. Detailed map of Orange County offices with parking and pedestrian info:
http://www.oc.ca.gov/agenda/civicmap.gif Meeting Rules: http://www.oc.ca.gov/supes/#meeting Dress Code: Out of respect for the pain and suffering of sick, disabled and dying people, we ask that everyone dress conservatively and help show the Supervisors, as well as the media that this is a serious and urgent matt NOTICE OF CONSTITUTIONAL VIOLATION To: The Honorable Board of Supervisors of Orange CountyCharles Smith, First District, Board Chairman James Silva, Second District, Supervisor Todd Spitzer, Third District, Supervisor Cynthia P. Coad, Fourth District, Supervisor Thomas W. Wilson, Fifth District, Board Vice Chairman WE THE PEOPLE, having exhausted all other legislative and electoral means, ask you to UPHOLD THE LAW. Sick, disabled and dying people are being arrested, jailed, exposed to opportunistic infections, dragged through the criminal justice system and often bankrupted all in direct violation of the California State Constitution, during your watch. Article III, Section 3.5 of the California Constitution (adopted in 1978) states that "An administrative agency, including an administrative agency created by the Constitution or an initiative statute, has no power: ... (c) To declare a statute unenforceable, or to refuse to enforce a statute, on the basis that federal law or federal regulations prohibit the enforcement of such statute unless an appellate court has made a determination that the enforcement of such a statute is prohibited by federal law or federal regulations." No appellate court has done so in regard to Prop. 215. In fact, no legal challenge has been filed seeking to invalidate the law on the basis of a conflict with federal laws or regulations - or for any reason. Sick, disabled and dying people are suffering and afraid of the police. Lives are at stake, as we come to you again and urgently seek that you uphold the law and enforce the Compassionate Use Act of 1996 by taking the following specific actions: 1. STOP ARRESTING SICK PEOPLE. Don't authorize budgets or federal grants that will be used against sick people. Adopt and implement the Oakland Guidelines to protect sick people from arrest. These are the only medical marijuana guidelines that were created by police, patients and physicians working together to establish limits based upon real world needs and FDA guidelines. If police and patients are happy with these guidelines in Oakland, it should certainly work in other California communities as well. 2) STOP TREATING SICK PEOPLE LIKE CRIMINALS. Fund a non-invasive voluntary patient/caregivers identification cards, managed by county or state health departments, which protects the privacy of patients and cannot be accessed by law enforcement agencies. 3) STOP FORCING SICK PEOPLE INTO THE BLACK MARKET. Demand that the federal government take action on the petition filed by Jon Gettman with the Drug Enforcement Administration on July 27, 1995, and reschedule marijuana from a Schedule I to a Schedule III. That action alone would solve many of the problems and concerns voiced by law enforcement and allow patients to go directly to their pharmacist to obtain their medicine.4) STOP PROSECUTING SICK PEOPLE AND THEIR CAREGIVERS. Elected officials must provide legal protection for sick and dying patients from illegal arrests and prosecutions. To uphold the law, officials must see to it that Grand Juries investigate any and all complaints by medical marijuana patients or caregivers regarding violations of the Compassionate Use Act. Make no mistake, this issue is no more about marijuana than the Boston Tea Party was about tea. This is about sick and dying people who are living in fear just because they use a medicine that the Federal government's own IOM study showed is NOT addictive and NOT a gateway drug. Three years is long enough. It's time to stop hiding behind federal laws and the failed ideology of Zero Tolerance. The voters have spoken and they have clearly voted to stop treating medical marijuana patients like criminals. Medical marijuana is the law; now is the time for law enforcement and our elected official to show good faith and uphold the law. Respectfully submitted, WE THE PEOPLE, on behalf of the medical rights of patients to have access to their medicine, as guaranteed under The Compassionate Use Act of 1996, The California State Constitution, The United States Constitution, The Single Convention Treaty, The United Nations Declaration of Human Rights, The Geneva Convention, and as affirmed by our individual names listed below: Names listed separatelyThe American Medical Marijuana Association Web site: http://www.kubby.com/AMMA.html Subscribe: AMMA-Talk-on list.kubby.com Unsubscribe: AMMA-Talk-off list.kubby.com COUNTY DIRECTORS: ALAMEDA: Jeff Jones: jeffj rxcbc.orgCALAVERAS: David Jack: jacks goldrush.com FRESNO: Jonathan Richter: jonrichter email.msn.com LOS ANGELES: Jim Rosenfield: jnr insightweb.comORANGE: Doug Scribner: doug 123abc.net PLACER: Mike Baldwin: baldwin777 hotmail.comMonday, November 08, 1999 6:28 PMRelated Articles:Laying Down On The Law - 11/08/99http://www.cannabisnews.com/news/thread3605.shtmlNews From American Medical Marijuana Association - 11/08/99http://www.cannabisnews.com/news/thread3601.shtmlWelcome to the AMMA Home Page - 11/07/99http://www.cannabisnews.com/news/thread3588.shtml 
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Comment #2 posted by FoM on November 08, 1999 at 19:59:05 PT:
This Might Help
Thank You Mark and I don't know I'm not from California. I think if you would visit their web site you might find an email that could answer you. Maybe someone here knows but this is the best I could think of and I like what you're doing with your Magazine.American Medical Marijuana Associationhttp://www.kubby.com/AMMA.html 
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Comment #1 posted by Mark Tide on November 08, 1999 at 17:54:12 PT:
Oakland Guidelines
I have some questions about this program. Could someone help me out? What are these "Oakland Guidelines," exactly? I've spent two hours trying to find a copy on Any and All of the usual drug policy reform websites (Norml, DRC, MAP, MPP, Drugsense, Lindesmith, The World's Biggest . . . You name it. Can't find any copy of the Oakland Ordinance. Found the Oakland City's Site and pulled down the Ordinance there (Chapter 8.46 of Municipal Code). It looks VERY SIMILAR to the Ordinance passed EARLIER in ARCATA, UPON WHICH the Oakland Ordinance WAS BASED in concept, design and language (except for specific limits on plants and possession amounts, and the bogus claim to federal immunity). Where is the text of law, guidelines, etc., that concern these specific limits?  ALSO, what is the role of this "patients go directly to their pharmacist" all about?  ALSO, there doesn't seem to be any form of enforceable limits on affordability in whatever system is operating in Oakland, according to the text of the ordinance, yet the ordinance designates the only legitimate source of supply, apparently. How does this work?!
The Arcata Journal
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